Dry Shipping
Koye’s shipping work encompasses all types of charterparty and bill of lading disputes, and includes advisory and advocacy work in both arbitration and Court proceedings. He has acted as junior counsel (led by Simon Croall QC) in a multi-million-dollar arbitration dispute concerning the effect on a time charterparty on Shelltime 4 form, of the prolonged detention of a vessel by Venezuelan local authorities which ended up in the High Court on two occasions: ST Shipping and Transport Pte Ltd v Space Shipping Ltd [2016] EWHC 880 (Comm) and [2017] EWHC 2808 (Comm).
He also acted in Regulus Ship Services Pte Ltd v Lundin Services BV [2016] EWHC 2674 (Comm) – (led by Yash Kulkarni) – a case arising out of the towage of an FPSO from Tunisia, through the Cape of Good Hope, on to Labuan, Malaysia. It raised issues as to the proper construction and operation of a towage contract on BIMCO Towcon form.
In addition, Koye is experienced in advising on sanctions issues arising in the shipping context, including both Iranian sanctions and Russian sanctions.
Some of Koye’s recent and ongoing cases that are illustrative of his general dry shipping practice include:
- An LMAA arbitration (with Yash Kulkarni QC): acting on behalf of a state-owned oil trading company against whom the owners of an oil tanker sought declarations and damages arising out of the shipment of allegedly sanctioned crude oil. In particular, the owners sought declarations to the effect that they were entitled to sail to the US carrying the crude oil worth c. US$100m at the direction of the US authorities.
- An LMAA arbitration: acting as sole counsel on behalf of owners of a post-Panamax vessel in arbitration proceedings against bareboat charterers. The claim raises issues of the correct construction of Clauses 28 and 29 of the Barecon 89 standard form as well as the redelivery condition of the vessel.
- An LMAA arbitration: acting as sole counsel in proceedings concerning the contamination of Jet fuel destined for military use. Koye is instructed as sole counsel on behalf of charterers.
- Harren and Partners Schiffahrts Gmbh & Co Kg Ms Patea v Vitol S.A: Koye was instructed as sole counsel in a dangerous cargo dispute in Commercial Court proceedings arising out of the carriage of a cargo of slurry from Fawley, UK to Rotterdam, the Netherlands.
- An arbitration arising out of a chain of charterparties where one of the parties in the middle of the chain was the subject of German insolvency proceedings. The dispute raised issues of how, if at all, liability for damages can be passed down the chain. Koye was led by Robert Thomas QC.
- Parallel LMAA arbitrations arising out of the redelivery of several vessels from their respective bareboat charters. Koye was led by Robert Thomas QC and Paul Toms.
- As sole counsel in an ad-hoc arbitration commenced by shipowners seeking an indemnity from shippers pursuant to Article III rule 5 of the Hague Rules on account of cargo shortage.
- An arbitration concerning unpaid sums under a long-term time charterparty for a diving support vessel supporting offshore operations in West Africa.
- A dispute arising under a ship management agreement whereby sums collected by the ship’s commercial managers for the ship owners were the subject of a levy on all Cypriot bank deposits above €100,000 as a result of the 2012/2013 Cypriot banking crisis.
Shipbuilding
Koye has been instructed in several complex and valuable shipbuilding and ship purchase disputes. Examples of his recent cases include:
- acting for a Chinese shipyard in two consolidated arbitration proceedings concerning the design and manufacture of two offshore jack up rigs (led by Simon Croall QC and Peter Stevenson).
- acting for a Chinese yard in two arbitration references concerning the alleged defective construction of the stern tube bearings of two 63,800 DWT bulk carriers (led by Simon Croall QC and Stewart Buckingham).
- acting on behalf of a German shipyard in arbitration proceedings arising out alleged defects in the HVAC system of a luxury superyacht (led by Simon Rainey QC).
- acting for buyers in arbitration proceedings concerning delays to the design, build, and commission of a semi-submersible drilling unit, and the eventual cancellation of the turnkey contract.
Wet Shipping
Koye has experience of advising on, and acting in, wet shipping cases. He was recently instructed in The Atlantik Confidence [2016] EWHC 2412 (Admiralty), a landmark case in the Admiralty Court regarding the breaking of limits under the Limitation Convention 1976 (as amended in 1996). It is the first case in which an English Court has determined that a person was barred from relying on the limits provided by the Convention, in this case, on account of having deliberately sunk its own vessel. He was led by Robert Thomas QC and Thomas Macey-Dare QC.
His recent wet shipping cases include:
- a general average dispute (led by Luke Parsons QC and Stewart Buckingham) arising in the context of ransom payments to pirates to procure the return of an oil tanker captured between the Indian Coast and Somali Coast.
- an LOF salvage arbitration in respect of a vessel that was the subject of a fire shortly after commencing its laden voyage from Jebel Ali, Dubai. He acted on behalf of the ship (led by David Goldstone QC).
- a general average claim representing cargo interests (led by John Passmore QC) in respect of an application by owners to sell cargo on board a vessel, in the absence of security for a general average contribution.
- collision proceedings arising out of a collision between a vessel and a single point mooring at an oil terminal off the Baltic Sea.